Foster Parents Allowed To Appeal

Judge Says Dcf Policy Goes Too Far

January 9, 2004|By Errin Haines Orlando Sentinel

ORANGE CITY — Denise and Ivar Baklid always intended to adopt Christian, the smiling, brown-haired boy who loves the beach, Barney and bananas. For 16 months, the foster parents took care of him, bathing him, watching him grow and celebrating his first birthday. Then the Department of Children & Families took Christian away, placing him instead with distant relatives and telling the Baklids they couldn't appeal the decision.

On Wednesday a judge gave the couple new hope by determining that DCF overstepped its bounds in depriving foster parents a hearing when they have been blocked from adopting children in their care.

"We prayed and we prayed for a miracle," Denise Baklid said Thursday morning after learning of the ruling. "The judge says they're not above the law. We get to be heard."

Administrative Law Judge Suzanne F. Hood's decision could have far-reaching implications for thousands of foster parents. The case was the first to challenge a rule that went into effect Aug. 19 and was intended to align DCF procedure with federal and state law and clarify the department's policy.

Hood said DCF "does not provide any specific authority or a law to be implemented to justify a rule prohibiting appeals of decisions on the selection of adopted homes for particular children."

Christian, now 2, has already had three homes. His longest stay was with the Baklids in Orange City, in a room with blue walls decorated with sailboats and lighthouses.

"We always leave his night light on," said Denise Baklid.

The Baklids, who have no other children, became Christian's foster parents in February 2002, when he was 4 months old. They were in the process of adopting him in March when Tiffany Delk, the boy's second cousin, and her husband filed a petition for adoption and gained custody.

The Baklids filed an appeal in April. While they waited for a hearing, DCF rolled out an overhaul of its administrative rules concerning adoption law -- including a provision that only allowed foster parents to appeal if DCF ruled they were unfit to adopt any child, not a specific one.

Christian has lived with the Delks in Tennessee since June, when they were awarded custody pending the adoption, which has not been finalized. "We are aware of the ruling and are reviewing it to determine what, if any, action will be taken," said Bill Spann, spokesman for DCF. He declined further comment.

The Delks could not be reached for comment. A date for the Baklids' administrative hearing has not been set.